• Understanding Domestic Assault Charges in Toronto

Understanding Domestic Assault Charges in Toronto

Introduction

Domestic Assault Lawyers in Toronto defend individuals charged with Domestic Assaults and Domestic Violence. Domestic Violence, more broadly understood, encompasses a range of offences under the Criminal Code of Canada, including:

  • Assault
  • Assault with Weapon
  • Assault causing bodily harm
  • Forcible confinement
  • Mischief
  • Criminal Harassment
  • Sexual assault

There is no offence in the Criminal Code, per se, labeled as Domestic Violence. The label is added when one of the aforementioned offences is committed within an inter-personal relationship, such as husband and wife, parent and child, etc.

In this article, I will outline some of the answers to common questions I receive as Toronto Domestic Assault Lawyer.

Can Domestic Assault charges be dropped in Ontario?

It is legally possible for any criminal charge to be dropped (or formerly known as “withdrawn”), even the most serious types of charges, including Murder, Robbery and the like.

The Crown Attorney has the discretion to drop charges that are domestic in nature. Generally speaking, the following types of cases would be eligible to be dropped by the Crown Attorney in Ontario:

  • Domestic violence charges that did not lead to any injury
  • Domestic violence charges that were relatively minor and committed by a first time offender
  • Domestic violence charges that were committed by individuals with mental health issues
  • Domestic violence charges that contain a lack of evidence against the accused person
  • Domestic violence charges which suggest that the public interest would not be adequately served by proceeding with a prosecution

A Domestic Assault Lawyer in Toronto would need to review your case in order to determine whether there is a basis on which the Crown Attorney could exercise its discretion and withdraw your Domestic Assault / Domestic Violence charges.

How long do Domestic Violence cases last in Ontario?

There is no “set” timeline for a Domestic Violence Charge in Ontario or Toronto. As a starting point, the busier the courthouse at the time, the longer all aspects of a criminal case may take to play out.

As a Domestic Abuse Lawyer in Toronto, my experience suggests the following rough guidelines:

  • For cases that are not expected to proceed to trial and are expected to be resolved in some fashion (whether it be by charges being withdrawn or a guilty plea being entered), an average life-span of a Domestic Violence case would be 4-6 months from the first appearance forward.
  • For cases that are expected to proceed to trial, and a trial date is in fact set, an average life-span of a Domestic Violence case would be 12-14 months from the first appearance forward.

These are just estimates, and there are many variables that can affect these estimates, including:

  • The number of witnesses involved;
  • The volume of disclosure; and
  • Whether there are any unique issues in the case that will create the need for additional legal work.

How long is jail time for domestic violence in Canada?

There are no set sentences for Domestic Assault Charges in Toronto or Canada. Individuals who commit Domestic Assault or Violence offences may face a range of punishments, from a Discharge through to Jail Time.

The most common Domestic Violence charge laid in Canada is Common Assault, found under s. 266 of the Criminal Code of Canada. The maximum jail sentence for Assault if the Crown proceeds by summary conviction is 2 years less a day. If the Crown proceeds by indictment, the maximum jail sentence 5 years.

Most offenders first time offenders do not receive jail time, provided there are no injuries. Repeat domestic violence offenders are at a higher risk of jail time, and individuals who cause injury to the victim.

What is a Peace Bond?

I published an article outline what a Peace Bond is in detail on another website I operate. In short, a peace bond is a legal agreement (or recognizance) entered into by an accused person which contains rules or conditions. It is a Court order that has to be followed – failing to comply with it can lead to criminal charges. Most commonly, peace bonds last for 12 months and expire thereafter. Upon entering a Peace Bond, domestic violence charges in Toronto are typically withdrawn by the Crown Attorney. Before entering into a Peace Bond, you should ensure that (1) you have had legal advice from a Toronto Domestic Violence Lawyer who has reviewed your disclosure and (2) you understand all the legal implications of signing a peace bond.

What is a Conditional Discharge in Domestic Assault Cases?

A Conditional Discharge (or an Absolute Discharge) is a type of sentence under the Criminal Code of Canada. It can be imposed in a wide range of offences, including Domestic Assaults and Domestic Violence. A Conditional Discharge involves an admission (or finding) of guilt, with a period of probation. If the Crown Attorney is seeking a Conditional Discharge in your Domestic Violence case in Toronto, this means that they are not looking for a criminal conviction, as a Discharge means a “conviction” does not follow. A Discharge is the “lowest” punishment one can receive for a Domestic Assault charge.